At Northampton he [the king] caused his council to be convened, And the prelates and barons by ban [edict] he made come there all those who owed him feudal duty holding [land] as a tenant in chief from him. 1385

[Ban = personal writ of summons to a Great Council under the great seal from the king to each tenant-in-chief i.e. the prelates and magnates]

278

To this council commonly came earls and barons, bishops and abbots. Archbishop Thomas did not refuse to go there with the other barons. But our good hero came there in great humility. 1390

279

In his guesthouse lodged there together their horses were the men of the king's party who well knew of his [the king's] plan in full. [Going to the king] he said he would not come to his court to plead as long as they did not vacate all his lodging places. Then the squires together with their horses were thrown out. 1395

280

The good man was summoned upon the appointed day on which he was ready to answer with his presence. The king had published an ordinance throughout the kingdom (which had stirred up a great grievance amongst the barons of the country) whereby any one of them could lose their court by means of false sworn testimony. 1400

[This procedure came to be known as the Assize of Novel Disseisin]

281

If anyone might make a plea [a claim] for land in the court of his lord, he should come there together with his people on the first day [of the hearing]. And there, if any one delayed his plea, he might then go to a justice, to whom he could make his complaint; and come back again bringing with him two compurgators [jurors/sworn witnesses].1405

282

There in the court of his lord they could swear, the three of them [the plaintiff, as the third hand, and his two compurgators], that the court had deprived him of his legal right. By such an oath, whether false [by perjury] or true, he might thus [by this means] take his case to the court of the next higher lord, and so on [all the way] till he might [by appeal] come before the court of his sovereign lord [the king].

283
John the Marshal had made such a plea. In the court of St. Thomas he made a claim for a tenement for which he had neither the legal right to, nor could he gain anything there. He therefore now made a claim for it by such an oath [using the procedure of Novel Disseisin] to the king, who bore a grievance against him [Thomas]. 1415

284
That done the king summoned St Thomas to make his plea, requiring that he come before him on an appointed day to defend his case why he had not granted John his full legal right. That day he [Thomas] was ill and could not ride a horse. He sent two of his own men to make his essoin [lawful excuse of his absence]. 1420

285
This essoin [legal excuse for anbsence] the king did not want to allow; therefore for this he summoned the archbishop to come to Northampton. And our hero came there as he had no wish to evade it. He lodged with the monks of St. Andrews. The day after they admitted that he seemed to be bearing a great grief, 1425

286
because he had gone to the king to ask for leave to go overseas, this he told him, to go [to make a complaint] to the Pope about Roger d'Éveque [Roger Pont d'Éveque archbishop of York] who had been having borne before him his cross throughout his [Becket's] province. But our hero did not want to allow him to do this and they had appealed for him to go there. 1430

287
For this he had gone to king Henry on the following day, and had immediately asked him for leave to go to the Pope. The king told him that he was not to go there, but should now immediately answer the [John the Marshal's] case without delay. He said that he had been ill and that he had essoined himself,
1435

288
But neither essoins nor sickness would prevail. The king said that he wanted to have his judgement thereon. They arrived at a sentence; neither would they see lawful right in this. They judged archbishop , like uneducated people, by giving him a fine in a sum of three hundred pounds..

[£300 was the equivalent of 40 year's pay for a master mason.]

289
Our hero wanted to refute this sentence but they all together forcefully begged him to renounce his anger and not gainsay them at all. But that he should do the king's will and follow his wishes. 1445

290
Thus they made him submit to the sentence, and for this he had to find three hundred pounds of pledges for the king. He found them immediately as he could not evade this. And after he had found them, they made him enter a plea [in his defence in the court] in the case which John [the Marshal] had brought which they were going now to accuse him of. 1450

291
Our hero did not wish to give a response to them [there] about this, as this man [John the marshal] had been in his court and was not able to show that anyone had done him a wrong; and when in turn he came to put his case there he was unwilling to swear the oath on any other book except a troper which he had brought with his there. 1455

292
It is not the custom of the country that one swears the oath upon a troper, rather one must kneel down before [a book of] the four gospels. But by such an oath he thought he could deceive God. But inside a year the worms were able to eat his flesh, and also the bodies of his two sons who were very dear to him. 1460

There arose yet another very great quarrel between him [Thomas] and the king concerning the concealment of treacherous clerics who were through ill-fate, robbers, murderers and felons. The king wanted them taken before the law of the land, but the archbishop had turned his back on these laws. 1110

223

Throughout the whole world are laws, established by right, both in Christendom and even in heathen lands: all who have been caught stealing or in the commission of another felony, are made to face the full force of justice and are punished for it. Neither by [the intervention of] father nor brother may they be spared from this. 1115

224

For this the king, both he and his barons, wished that if anyone in holy orders was caught committing a crime like robbery, or murder or treason, then he should be downgraded [deprived of those orders] for this reason, and then put to death and be dismembered. 1120

225

Priests and many deacons had been arrested for this, and put in the king's prison for larceny and murder. They were often carted across the country, and led before tribunals, where they were tried, after which they were sentenced to be hanged or other means put to death.

226
Archbishop Thomas fought for them; he claimed these men as vassals of his Lord for certain. If they had committed a crime even for this he would not abandon them; but well offered that he would bring them to face justice in the court of the Lord God if anyone wished to prosecute them. 1130

227 In none of this did the king want to give way. He would not let them get away with this in any guise. As he wanted all of them first to be stripped of their order, then ordered to be delivered up to the justice, to be hanged, or burnt, or dismembered alive. 1135

228
In the time of his grandfather clerics who had been arrested for committing a villainous crime were put to death; For this it was now his wish -with no exceptions to this- to have put into effect immediately the customs and practices of his ancestor. Never again would they be heard in a trial before the archbishop. 1140

229

The archbishop now replied that in no way would he deliver up clerics to lay justice; but in accord with God by every legal right he would defend them, and in accordance with the decretals [Canon Law] well he would judge them. Let not Holy Church be humitliated. 1145

230

<<Clerics must not>> he said, <<be obedient to your laws, nor must they for one lone crime suffer a double punishment [namely] (first) to be dismissed [from holy orders] and (second) then to have their life brought to an end. You will never see me give way on this.>> 1150

231
<<I agree with you thus far that clerics found committing crimes should be stripped of their order, but then it should be proclaimed that their limbs are exempt [from punishment]. But if they are caught again, then they may be blinded, flayed or hanged at your will.>> 1155

232

They must not be taken to be principles of justice by those who have by themselves presumed all this. Nor by those who have always been or are now secular, but [rather] by those in whom God has filled with His Holy Spirit, otherwise that would mean that one would have made an assault upon God. 1160

233

The Holy Spirit of the Lord dwelt in King David when he had his son Solomon declared in writing [as his successor] as king. A large part of the people gainsaid him and elected [another] son, Adonijah, instead: Abiathar [the head priest] wanted to anoint him [the latter] as king to the contempt of God. 1165

234

In this case [lawsuit] which was one against God and right, for as to judge him [Abiathar] he was brought before king Solomon. But the king [Solomon] did not wish to put him to death, therefore he ordered that he should be detained in his house, also suspended him from all of his religious duties. 1170

235
For one sole crime must no one be condemned [suffer punishment] twice. When a cleric has lost [been stripped of] his order no one can shame him further. As I must uphold Holy Church and its clerics I will always defend them. I will always do that for God whom I must serve: neither in life, nor even in death, will you will see me give way.>> 1175

236
When king Henry saw that he could not win, neither clerics to be condemned no allow them to be dismembered [destroyed] he flared up into a fierce rage [ira regis] against him. And he promised dearly both that he would have him deposed, and that he would have him cast back down from whence he came. 1180

237
Long in duration was there altercation between the two of them. King Henry could not bend the archbishop. Without cessation he maintained that he would always protect immoral clerics. [In this] he fought alone. Neither had he any support, for nearly all the bishops had taken sides with the king. 1185

238
And the others also left him all alone to stand by himself against the enemy. And the battle horn was handed over into the hands of a sinner; out of fear they did not dare to draw the sword of God. because they were afraid far more of their terrestrial lord than of Jesus, the all-powerful creator. 1190

239
<<Alas, poor misfortunates! Tell me what is it you are afraid of? Do you fear the king who raised you to your positions? By my faith he would not do it if you dare practice them. You are not bishops, you only bear the title of such. You do not care for even one aspect of that post to which you have been appointed. >> 1195

240
You ought to be leading and guiding others, but you cause them all to collapse into ruin and bring them down. You even lead the king of the country astray. You must not concede to him all his desires; rather you must often reprove and chastise him. 1200

241
God has commanded you to watch over his sheepfold. and if he [ the king] is one of your flock you must guide him. The pastor must always turn away the alien, and carry the sick sheep upon his shoulder, and not let it be strangled by a thief. 1205

242
You are venal: there are but few true [pastors]. The king sees this clearly: and will consider you to be of a baser value. God, who has set him to reign [over the kingdom], will demand it of you to have watched over him. When he converts he will despise all those who have given him this [evil] advice. 1210

243
The king has to govern over the people [down here] on earth and wants to have his laws [those] which accord most with his own mind. The laity want to have their institutions and their customs, as if they had before them those of their parents. God is a heavenly being, and so are his laws similarly. 1215

244
I now wish to ask both the king and the clerics which laws should Christians best keep, those which have been established by heathens [Saracens] and pagans [Slavs] and by other people of the world, with which to subjugate felons, or those which have been set down in writing by holy men? 1220

245
O king, think more for yourself; do not trust [believe in] evil counsel. The prelates whom you have trapped in your snare are disloyal people. They bend more than reeds in the storm. If they are duping their Lord, even less so they will be faithful to you. Do not trust the night; give yourself to the sun. 1225

246

Let Holy Church enjoy both her laws and her rights. She is the Bride of God [Sponsa Dei], who is the king of kings. He will be angry with you if you lessen her in any way. Well he will suffer this for one year or two or three, or thirty, or twenty or ten, or for a week, a day or a month. 1230

247

If Nero were alive now, he would soon find a Simon [Magus/ a Simoniac] who would seduce the whole world with his mouth and with money [bribery]. Rome was [once] the house of God; it is now a den of thieves. Moses is all alone in the kingdom of Pharoah, for he could not find his brother Aaron there at all. 1235

248

Clerics are the servants of God and are His elect. He chose them from amongst the saints for they bear this name [Kleros = those having the spiritual care of...]; whatever they are, they are servants in the house of God. Therefore towards those who belong to God you must refrain from applying justice.1240

249

If you have been anointed king bearing a crown of gold you must not rule arrogantly, but sit in resplendence. To your people you must both be chief and their protector. You will not always be bearing it [the crown], just as you

you were not born with it. The glory in this world is not of long duration.

250

The cleric always bears the distinguishing mark of his office on the top of his head; as for his body it is not for carrying heavy burdens, but for his soul. He has his hair tonsured similar to the insane. visible both far off and near [The cleric] must not be arrogant/proud towards anyone, nor aggressive. He must be humble towards everyone and bring peace everywhere. 1250

251

The cleric is God's throne; God must be seated within him. He must always be learning, for he must needs much knowledge. He must use discretion and sense everywhere, but God has not given him such great power that he might not be deceived by his sins, as they do other men. 1255

252 Clerics must watch over [care for] lay people and their souls. No one must condemn his prelate [bishop], neither lay person nor cleric. This is the reason why one prelate is set above another. Anyone who has committed a crime must be brought before their prelate. By such law as he shall have lived so shall he be judged. 1260

[Prelate = Latin.- praefectum = Lord/Bishop]

253

Clerics who have committed a crime should be delivered up to their bishops. In which guise and how they will be stripped of their order, how they will have the word of the sacrament removed and who can deconsecrate that whom God has made sacred, is not right and lawful., but arbitrary law.1265

254

After he has been stripped of his order if he can go to [to the Curia in] Rome he might meet with the grace of his Holiness the Pope, who might only grant him permission to chant prayers [for those in purgatory]; immediately you may see him celebrating mass, as no one needs to be ordained a second time. 1270

255

Those whom God has consecrated no one can de-consecrate, no less than a baptised Christian can be un-baptised, although he may be cut off from Holy Church [excommunicated]. I am not conceding , that if he has been caught [for a crime], that one can let him go, even less let him continue as before. 1275

256

The felon[ious cleric] does not fear being stripped of his order, because he has little love or care for his holy order: for when he commits murder, robs or takes the goods of others by force, he fears no shame, nor death, nor the gibbet, nor torture

257

Thus was it for the felon like it was for the wild boar which you have heard told about in the fables of Avianus, which often ravaged the cornfields of a rich man: there captured twice, each time before it was let go by him, it had one of its ears cut off. 1285

258

Whenever it was captured the landowner begged it not to return there again; if it came back again well he assured it that it would suffer the qconsequrences. Then he let it go, but first having it marked. The third time it was caught it was not chastised 1290

259

This time it was killed and handed over to the cook. The cook ate its heart. When he [the cook] was asked for it, he told his master that he believed it had been born without one, because if it had had a heart it would have thought twice about its action; once a felon always a felon, it never learned its lesson. 1295

260

For in this regard by reason I can assert that a cleric who has transgressed, and been stripped of his office, and thrown into a prison cell by his prelate [bishop] from whence he would never be able to return to the outside world again, there, he could if he wanted to, atone for his wrongdoings, 1300

261

When God had made Adam and placed him in paradise, for his sin

262

Both Adam and clerics have no other master than God Himself. In this, it seems to me, I have made a correct comparison. And if clerics have been arrested again for such misdeeds, let his prelate have him thrown into prison. O well can the king himself learn much from my reasoning. 1310

263

Earthly laws want to spare no one. for it wants to subjugate and punish felons. But a God of mercy wants no one driven out, but wants the felon to live whom he can then cleanse of his sins and return to God. 1315

264

This appeared in Adam, who all the first misdeeds [original sin] God clothed him in animal skins, to him and we mortals made

The soul does not curse that to heaven not return.

265

God sent into exile Cain who had killed his brother; the excommunicate from Him their good severed. God cursed the land, which had swallowed up the blood which had been spilled by the felon: but spared his sould and that which the blood which they used closest relatives of the excommunicate. 1325

266

Nebuchadnezzar had erected a very large statue made of gold and silver and cast in his own image. Everyone in his kingdom was forced to worship it. If they did not do this he had them killed or tortured. Then God had him turned into an ox and put out to pasture, grazing grass. 1330

267

But then God turned him back into a man after seven years. Often we come to see the most malfeasant become humble and good, and all repentant, as examples of goodness to both high and low. God rendered him to the glory of heaven, he who was previously lost. 1335

268

Within Mary [Magdalene] there dwelt seven evil spirits. After she had bathed the feet of God with her tears and wiped and dried them with here hair she was cleansed of her sins.

In whatever time the penitent may be judged, he is saved by the love of God and of his neighbour. 1340

269

St. Peter the apostle, who rules in heaven and on earth, denied he knew God three times. The sin had him cast out of freedom.Crying bitterly, God forgave him. He who begs for pardon with a true heart will have it. 1345

270

It has not been heard at any time or found in scripture that a sinner cannot have mercy, if he has begged for it. But if he despairs, drowns or kills himself he cannot receive forgiveness [absolution] when he sins against the Holy Ghost. Above all else God chooses mercy. 1350

271

And it was for this reason that God loves much more merciful justice, and compassion more than he does sacrifice, that the good archbishop took up this battle to defend both clerics and Mother Church. Well he saw that lay justice must not be involved here. 1355

272

When the archbishop saw that he could not regain the friendship of the king of which hate was principally to blame (because whatever he hated once he could never love again), he made ready for his journey: thus he put to sea near Romney [and] it was from here that he set sail. 1360

273

When they were far out to sea buffeted by a gale and under sail, the sailors who were there came together to speak with one another; and they said to Adam de Charing [master of the ship?] that they were enraged that they would be ejected from the country as enemies of the king, and that both they and their lineage [family] would be disinherited. 1365

274

Together they came to speak with the archbishop. They said to him they could not sail against the wind, that no one in this gale could cross the sea. <<Do whatever is necessary for us;>> he said, << when a favourable wind returns, make for whatever port God is willing to give you.>> 1370

275

The archbishop afterwards often told this story like this. Indeed, to his mind, they had returned for these reasons: God had not yet made him ready to undergo the crossing; nor had he yet engaged on the field of battle in close quarters [either in a real or mock battle in the lists of a tournament], nor had the great skirmish which God was to throw him into yet taken place. 1375

276

But when the king heard that he [Becket] must have crossed [over the Channel] he was very much upset by it, and was very anxious, because he was very afraid for this reason, he [the king] feared that he [Becket] would go to the Pope and that the whole of the kingdom would be placed under an interdict. 1380

166 Then he caused all the prelates to come before him and wanted that they should promise him they would keep and that he entrusted them to hold to the customs of the kingdom which had been in force during his grandfather's reign. To this they said that they would obey him "saving their order", 830

167 The king wanted that they would do this regardless of their "order" or none. And said that he did not want to hear mention of this word again. All gathered then said to him that without salvation of their order they could not do this on any occasion. Then the king became forcefully angry with them 835

168 And he said that in no way would let them get away with this, for in the time of his grandfather they used to hold to them [that is even] archbishops and bishops who had since been canonised

The archbishop replied <<I do not wish to surrender the [words "saving] my order["].>> neither did the bishops wish to withdraw these words. 840

169 The saint gave his reason to all the bishops : << See how forcefully he burdens us. >> He said, <<king Henry wishes to lay down wicked customs for Holy Church. Holy Church will be humiliated if I ratify [them]. But I cannot stand alone against the whole country. 845

170 Now I want to hear what each of you thinks.>> All together they said they would hold firmly to him and with him they would strive in everything, so they declared this on oath.

[Even] Roger de Pont l'Eveque likewise promised him that he would stand with him, [and that] he would not fail him in anything. 850

171 [Arnulf] the bishop of Lisieux then came then to Salisbury [Old Sarum]. There had been some ire in the relationship between himself and the king, but as he had done so much for him that the king's affection for him was [now] plain [for all to see]: He gave advice to the king on how to deceive his brother [in religion, Becket, the archbishop]; He was the source and origin of the way to defeat the archbishop. 855

172 <<Sire,>> he said to the king, << if you want to defeat him, [find some] amongst the bishops who can be turned to your side, [for] whilst they hold with him. you will not then win.>> Hilary [bishop] of Chichester was then summoned. He did so much for the king, that he was restored to his [the king's] private circle. 860

173 He was then joined [in this cause] by Roger de Pont L'Évêque [archbishop of York]. The bishop of Lincoln was turned by his [archbishop Roger's] persuausion. He [the king] was at Colchester [Gloucester?]. There they agreed to keep his customs; and he avowed to them that "against their order" he would no longer speak of this. 865

174 Then the bishop of Chichester went to Teynham to the archbishop [Becke]. He wanted him to graze in the same meadow as himself. He said to him that well he knew that if he affirmed the customs of his earthly lord he could be his [the king's] friend.
<<I will not turned that way;>> thus replied the good priest.870

175 <<The king has persuaded both Archbishop Roger and yourself to adhere to his laws. For this you want me to submit, but I will not submit to this.>>
<<Sire,>> he said, <<Why? For God's sake, explain to me why you decline this and why you are feeling this way.>> 875

176 <<He has promised you that he would not seek anything from you which would be "counter to your order". If he so wills, he will keep this [promise], And if all goes well, he will not gainsay this. But this which you have promised to keep he will hold you to. Because you are his vassal. he will make you keep it.>> 880

177 To the archbishop then came to Harrow Robert de Melun (thus was his name) who then was the bishop of Hereford. He brought with him John, the count of Vendome whom archbishop Thomas held in high esteem..885

178 And an abbot was there, who had come from over the sea [across the Channel], Philip d'Aumone, as he was so called . The archbishop and the king must come to an agreement. And the pope had told him to effect this, this why he had been sent and was in his [holiness'] letter which he had brought from him. 890

179 He said and swore in truth that Alexander the pope had sent him as a messenger to the archbishop [telling him] that he should come to an accord with the king, and follow his [the king's] will; That he [the Pope] fully appreciates the peril to his order and takes all [responsibility for it] upon himself, if it seems that he [Becket] might have strayed. 895

180 They brought to him there the letters from the cardinals and swore that the king had assured them that he [the king] sought nothing more from him except that he should show due honour to him in the presence of his barons when they were assembled, by conceding to his wishes on a verbal promise alone 900

181 Neither now would it be demanded from him to hold to customs against his order contrary to his will; but nor did he [the king] want to be defeated rather more that he [Becket] should consent to his will, and all the anger between both parties would be forgiven. [If he agreed to this] the king would make him overlord of the whole kingdom. 905

182 And previously the king had favoured him above all men; and he [Becket] had served him [the king] with very great loyalty. To such an extent did the words of the abbot captivate him [Becket] for he saw he showed such authority, that he took him with him all the way to Woodstock. 910

183 There he was made to promise to the king he would consent both that his customs would be kept in good faith, and loyally. He thought no more would be heard or spoken of this. [But then] the king replied to him thus: <<if you would agree [to this] you would need to make this known in front of all my barons.>>

184 All heard how you went against me, and if you [now] wish to [show that you will] hold to that which you have covenanted, make arrangements on your part to assemble the clergy [prelates of the kingdom] and I will all my barons. I will not suffer any more delay, you are to tell them, in hearing of all that you have acceded with me [to my customs]..>>